COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION
In the Matter of: THE APPLICATION OF NEW CINGULAR WIRELESS PCS , LLC, A DELAWARE LIMITED LABILITY COMPANY, D/B/A AT&T MOBILITY FOR ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CONSTRUCT A WIRELESS COMMUNICATIONS FACILITY IN THE COMMONWEALTH OF KENTUCKY IN THE COUNTY OF NICHOLAS
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CASE NO. 2017-00407
ORDER On October 17, 2017, New Cingular Wireless PCS, LLC, a Delaware limited liability company d/b/a AT&T Mobility ("AT&T Mobility"), filed an application seeking a Certificate of Public Convenience and Necessity ("CPCN") to construct and operate a wireless telecommunications facility. The proposed facility consists of an antenna tower not to exceed 270 feet in height, with attached antennas, to be located at 3900 Upper Sharpsburg Road, Carlisle, Kentucky. The coordinates for the proposed facility are North Latitude 38° 14' 53.17" by West Longitude 83° 58' 14.92". AT&T Mobility has provided information regarding the structure of the tower, safety measures, and antenna design criteria for the proposed facility.
Based upon the
application , the design of the tower and foundation conforms to applicable nationally recognized building standards, and a licensed professional engineer has certified the plans. Pursuant to 807 KAR 5:063, AT&T Mobility has filed statements of having provided the required notifications regarding the proposed construction. Pursuant to 807 KAR
5:063, AT &T Mobility has filed evidence that the county judge/executive and all property owners within 500 feet and contiguous to the cell site have been notified of the proposed construction. The notices solicited any comments and informed the recipients of their right to request intervention . To date, no public comments have been filed with the Commission. AT&T Mobility has filed applications with the Federal Aviation Administration and the Kentucky Airport Zoning Commission seeking approval for the construction and operation of the proposed facility. Both applications have been approved. The Commission , having considered the evidence of record and being otherwise sufficiently advised, finds that AT&T Mobility has demonstrated that a facil ity is necessary to provide adequate utility service and, therefore, a CPCN to construct the proposed facility should be granted. Pursuant to KRS 278 .280, the Commission is required to determine proper practices to be observed when it finds , upon complaint or on its own motion , that the facilities of any utility subject to its jurisdiction are unreasonable , unsafe, improper, or insufficient. To assist the Commission in its efforts to comply with this mandate, AT&T Mobility should notify the Commission if the antenna tower is not used to provide service in the manner set out in the application and this Order. Upon receipt of such notice , the Commission may, on its own motion, institute proceedings to consider the proper practices, including removal of the unused antenna tower, which should be observed by AT&T Mobility.
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Case No. 2017-00407
IT IS THEREFORE ORDERED that: 1.
AT&T
Mobility
is
granted
a
CPCN
to
construct
a
wireless
telecommunications facility . The proposed facility consists of an antenna tower not to exceed 270 feet in height, with attached antennas, and to be located at 3900 Upper Sharpsburg Road, Carlisle , Kentucky. The coordinates for the proposed facility are North Latitude 38° 14' 53.17" by West Longitude 83° 58' 14.92". 2.
AT&T Mobility shall immediately notify the Commission in writing, if, after
the antenna tower is built and utility service is commenced , the tower is not used for a period of three months in the manner authorized by this Order. 3.
Documents filed, if any, in the future pursuant to ordering paragraph 2
herein shall reference this case number and shall be retained in the utility's general correspondence file. By the Commission
ENTERED
DEC 05 2017 KENTUCKY PUBLIC SERVICE COMMISSION
ATTEST:
~-£. ~ Executive Director
Case No. 201 7-00407
*Honorable David A Pike Attorney at Law Pike Legal Group PLLC 1578 Highway 44 East, Suite 6 P. O. Box 369 Shepherdsville, KENTUCKY 40165-0369
*New Cingular Wireless PCS, LLC dba AT&T 1010 N St Mary's Street, 9th Floor San Antonio, TX 78215
*Denotes Served by Email
Service List for Case 2017-00407
